REGULATIONS AFFECTING BOOKS, FROM THE BEGINNING
OF PRINTING TO THE DATE OF THE EARLIEST INDEXES
1450–1555
1. General 1450–1560.
2. England 1526–1555.
3. Netherlands 1521–1550.
4. France 1521–1551.
5. Spain 1521–1551.
6. Germany 1521–1555.
=1. General.=--The great impetus given to the distribution of books
by the work of the printing-press had as one result a fresh effort
at supervision and control on the part of the Church of literary
production. The first measures that were put into shape for the
enforcement of such control provided for what has been called
preventive censorship, that is a requirement, before the printed book
could be put into circulation, of an examination and approval by
ecclesiastical authorities. It was, however, not until half a century
after Gutenberg had printed his first book, that official cognisance
was taken of the new art in a papal Bull.
_1479._ _Sixtus V_ authorised the Rector and Dean of the University
of Cologne to impose the penalties of the Church upon those printing,
selling, or reading heretical works. This authorisation was confirmed
by Alexander VI. In 1501, the printers of Cologne sent a representative
to Rome to protest against the censorship of the university
authorities, which was driving their business out of the city.[38]
_1480._ There was published in Venice a _Nosce te ipsum_ in which
are printed four “approvals,”[39] and in the same year, a volume was
printed at Heidelberg with a privilege from the Patriarch of Venice.[40]
_1486._ _Berthold, Archbishop of Mayence_, issues an edict prohibiting
the printing in his diocese of any translation from Latin or Greek, or
of any books in the vernacular, until the same had been approved by
the heads of the four faculties in the University of Erfurt.[41] The
ground for this prohibition was that a “number of works had recently
been disseminated which contained heresies and errors,” or which were
printed under false titles, or which presented translations of the
liturgies and Mass-books such as “were not fitting for the people.”
The Bull of Innocent VIII, issued in 1487 and directed to the
authorities of the University of Cologne, is described by Hilgers as
the first general papal censorship regulation. “With the misuse of
the printing-press for the distribution of pernicious writings, the
regulations of the Church for the protection of the faithful enter of
necessity upon a new period. It is certainly the case that the evil
influence of a badly conducted printing-press constitutes to-day the
greatest danger to society. This new flood is drawn from three chief
sources. Theism and unbelief arise from the regions of natural science,
of philosophy, and of Protestant theology. Theism is the assured result
of what is called ‘scientific liberty.’ Anarchism and nihilism,
religious as well as political, may be described as the second source,
from which pours out a countless stream of socialistic writings. In
substance this is nothing other than a popularised philosophy of
liberalism. The third source, the foulest and most pernicious of all,
streams forth from the unwholesome romances of the day, romances whose
creations rest on the foundations of pornography. If the community is
to be protected from demoralisation, the political authorities must
unite with the ecclesiastical in securing for such utterances some wise
and safe control.”[42]
_1491._ _Niccolo Franco, Bishop of Treviso_, and papal Legate
to Venice, puts into print in Venice a “Constitution,” which is
described as the first printed regulation of the Church having to do
with censorship. It is also noteworthy as containing the earliest
prohibition of printed books. The Bishop states that he has evidence
that the printers are bringing before the public works, tainted with
heresy, which are likely to bring into peril the souls of believers. He
feels that the responsibility rests upon him, as the representative of
the Church, to withstand this evil. He therefore orders that hereafter
no books shall be brought into print, having to do with matters of
faith or of the authority of the Church, without the approval and
permission of the bishop or vicar-general of the diocese. Whoever
disobeys this injunction shall, without further action, come under the
penalty of excommunication.[43]
Apart from the general injunction in this “Constitution,” it contains
a specific prohibition of the treatise on Monarchy by Antonio Roselli,
and of the theses of Pico della Mirandola. Those who have printed
or who may hereafter print these works, or who may have bought or
come into the possession of copies, are ordered, under penalty of
excommunication, to deliver such copies at once for destruction.
Roselli was professor of law in Siena and later in Padua. His treatise
_De Monarchia_ had been printed in Venice in 1483 and in 1487. His
name stands in all the Roman Indexes except in that of Trent, and
thereafter with the proviso _donec corrigatur_. Pico escaped official
classification as a heretic and no one of his writings finds place in
the Index. In 1487, he had brought before the public no less than nine
hundred theses which he was prepared to defend against all critics. The
pope ordered an examination to be made of these theses (propositions)
by a commission of theologians and jurists. The commission found
that thirteen of the theses were tainted with heresy. Pico, while
maintaining the orthodoxy of his propositions, expressed his readiness
to submit himself to the judgment of the pope. Six years later, he was
able to secure from Alexander VI a further examination, conducted by
three cardinals and the _Magister Palatii_, and on the report of this
commission, the pope declared Pico to be free from suspicion of heresy.
_1501._ _Alexander VI_, in a Bull entitled _Inter Multiplices_,
addressed to the Archbishop of Magdeburg and to the rulers of the
three ecclesiastical principalities, says: “The art of printing can
be of great service in so far as it furthers the circulation of
useful and tested books; but it can bring about serious evils if it
is permitted to widen the influence of pernicious works. It will,
therefore, be necessary to maintain full control over the printers
so that they may be prevented from bringing into print writings
which are antagonistic to the Catholic faith, or which are likely to
cause trouble to believers.” The Bull proceeds to state that in the
dioceses of Cologne, Mayence, Treves, and Magdeburg many books and
tracts are being sent out from the presses which contain pernicious
errors, wrong doctrine, and heresies; and prohibits, under pain of
the excommunication _latae sententiae_, any further printing of such
books, and also the possession or perusal of the same. The bishops
and inquisitors are charged with the execution of the decree; and
are ordered to enforce its provisions against all persons, whatever
their rank or positions, and also against colleges, universities, and
associations, with the threat that, in case of opposition or evasion,
the penalties shall be sharpened and multiplied. The civil powers are
to be invoked if necessary, and in order to strengthen the interest
of the local authorities, they are to receive one half the amounts of
the penalties collected in money. The above ordinance had to do only
with the German provinces specified. Even at this early date, the city
of Magdeburg appears to have secured repute for the production of
heretical literature.
_1512._ _The Inquisition of the Netherlands_ condemns as a heretic
Magistrate Hermann of Ryswick, who is burned at The Hague together with
his books. His name stands in the Index in Class I, although not even
the titles of his heretical writings have been preserved.
_1513._ _The “Constitution” of Leo X_, issued in December, on the
subject of the immortality of the soul, concerns itself with the misuse
of the philosophers and poets of classic times for the undermining of
faith and morality. The Pope emphasises the importance of purifying
the roots or foundations of philosophy and poetry as taught in the
universities. In the third part of the Constitution, attention is given
to the principles under which must be carried on the education of the
young. It is essential that a careful selection be made for their use
from classical writings so that only those books shall be brought to
their knowledge which are free from immorality.
_1515._ _Albert, Archbishop of Mayence_, appoints Paul, Bishop of
Ascalon, to be “Commissary” for the examination and censorship of books
submitted for printing privileges. Bishop Paul and Canon Trutfetter
were further instructed to act at Erfurt as inquisitors of heresy, and
were authorised to prohibit the sale of bad and suspicious books.[44]
_1515._ _Leo X_, in a Lateran council of May 3d, issues the Bull
_Inter Solicitudines_, which concerns itself in like manner with
the service and the perils of the printing art. In this Bull, it is
ordered that no work should be put into print until its text had been
examined and approved by the authorities of the Church, in Rome by
the papal Vicar or the _Magister Sacri Palatii_, elsewhere by the
bishop or the inquisitor-general or by examiners authorised by them.
The privilege to print must, however, bear the original signature of
one of the higher officials. This signature must, under penalty of
excommunication, be given without delay, and without consideration
for a work not presenting ground for disapproval. (The Pope knew
his officials and evidently realised what would be the risk and the
tendency of the working of such a system.) Whoever may attempt to evade
the regulation and may print books without a privilege shall forfeit
for burning the books so printed, and shall pay 100 ducats to the
building fund of St. Peter’s, and his printing office shall be closed
for the term of one year. If he remain obstinate and unrepentant, he
shall be excommunicated, and shall further be so chastened that others
may take warning by the example. Before the issue of this papal Bull,
certain local ordinances had been put into effect for the control of
the printing-press in the centres where the new art was showing the
greatest activity.
One Bishop, Alexius of Melfi, voted against this Bull, with the proviso
_placet de novis operibus, non autem de antiquis_.[45]
This Bull of Leo X served as a model for a long series of future
similar ecclesiastical orders. The fatherly care for the true faith
and for the preservation of the morality of Christendom are, in the
wording of this papal utterance, placed in the background, while the
main contention is devoted to the assertion of the authority of the
pope and of the special responsibility of the pope, as the immediate
representative of God, for the maintenance of censorship throughout the
world. The single German prince who was willing to confirm this Bull
was the Elector Albert of Saxony. The enforcement of the regulations of
the papal Bulls proved to be difficult and usually impracticable unless
the aid could be secured of the machinery of the civil administration.
In the year 1513, began a series of attacks against Johannes Reuchlin,
attacks which continued for seven years. Reuchlin’s treatise _Der
Augenspiegel_, which had been printed in 1511, was, in 1513, condemned
as heretical by the Universities of Louvain, Cologne, Mayence, and
Erfurt. In the year following, the theological faculty of the
University of Paris declared the book to be tainted with heresy.
It was ordered that existing copies (presumably those available in
France) were to be burned and that the author was to be called upon to
recant.
In 1513, at the instance of Jacob Hoogstraten, the Inquisition
initiated a “process” against Reuchlin. The decision was adverse to
Reuchlin, who appealed to the Pope (Leo X). Leo referred the matter
to the Bishop of Speyer, who gave judgment in favour of Reuchlin,
declaring that the book was deserving of being read by every one.
There followed a series of appeals and of conflicting decisions. In
June, 1520, however, Cardinals Accolti and Giacobazzi, whom the Pope
had appointed judges, decided that the judgment of the bishop must be
revoked, that the book was to be condemned and destroyed, and that
Reuchlin was to be ordered to keep silence. While the _Augenspiegel_
was still the text of the proceedings, the contest had now widened
its range, and turned upon the whole relations of Reuchlin’s work
as a scholar and an instructor, and particularly upon his advocacy
of the study of Hebrew. (In the _Augenspiegel_ itself, the wisdom
of preserving instead of destroying the _Talmud_ is maintained.)
Leo X spoke with approval of Reuchlin’s writings and forbade their
condemnation. In the Vatican Index the name of Reuchlin stands in Class
I, all of his works being thus placed under condemnation. In the Index
of Paul, are entered the _Augenspiegel_, _De Verbo Mirifico_, and
_Ars Cabbalistica_, and these titles are repeated in the succeeding
Indexes (excepting those of Louvain, 1546, 1550, 1558). In the Index
of Benedict XIV (1758), the title of the _Augenspiegel_ is, curiously
enough, recorded only in French. The compilers of the Indexes were
evidently not influenced by the liberal views of Pope Leo.
_1517._ _Leo X_, in a special brief written by Sadoletus, condemns
the _Epistolae Obscurorum Virorum_. The _Epistolae_ first find place,
however, in the Index in 1590.
_1521._ When the authorities of the Roman Church and the Catholic
princes of Europe had become thoroughly aroused and alarmed by the
development of Protestantism, the famous contract was entered into
between Leo and the Emperor Charles V which was to repress the
Reformation. One of the most important provisions in this contract had
to do with the control of the press and placed at the disposal of the
ecclesiastical censors the full measure of the imperial authority.
With the publication of the Edict of Worms, we have the beginning of
a general imperial censorship for Germany. From this time the Church
and the State (or at least the Catholic portion of the State,) worked
together against the freedom of the press, freedom which involved not
only heresy against orthodoxy, but treason against the State.
About 1520, Nicholas Eymeric brought into print in Venice, under the
title of _Directorium Inquisitorium_, a list of books classed as
heretical. It does not appear under what authority this classification,
or condemnation, had been arrived at, but the list proved of importance
in the history of the Index, as the titles collected by Eymeric were
utilised for the famous catalogue of Lutzenberg, which itself served
as the basis for the Louvain Index of 1546. The Lutzenberg titles were
also in large part copied by the compiler of the Index of Paul IV. No
copy of the original issue of Eymeric’s _Directorium_ appears to
have been preserved. The work is known through the reprint issued in
Venice in 1607, with the commentary by Franciscus Pegna.
The catalogue of Bernard Lutzenburg was printed in Cologne in 1520,
under the title of _Catalogus Haereticorum_.
=2. Regulations in England in Regard to Book-Production and
Censorship, 1526–1555.=--During the years covering the reign of Henry
VIII, a series of royal edicts were issued for the regulation of
heretical publications. The larger part of these edicts were framed
in consultation with the convocation of bishops. Regulations issued
under the sole authority of the bishops occur only after the rise of
Lutheranism.
_1521._ _Wareham, Archbishop of Canterbury_, writes to Cardinal Wolsey
asking that the names of the associates of Luther might be sent to the
University of Oxford, in order that their writings might be added to
the lists of prohibited books, and might also be included among the
works the reading of which was to be permitted under special license to
the scholars engaged in refuting the Lutheran heresies.[46]
_1526._ _Wareham_ sends to Duvoisey, Bishop of Exeter, a mandate
directing him to make search for certain English translations of the
New Testament, which are “full of heretical pravity.” The copies
secured are to be burned. The mandate includes, in addition to this
reference to the New Testament, the titles of certain writings by
“Luther, Tyndal, Huss, and Zwingle.”[47]
Fox makes reference to a similar instruction from Tonstal, Bishop of
London, to the archdeacons of his diocese. Tonstal specifies the same
titles as those given in the list of Wareham.
_1526._ _Henry VIII_ orders the publication of a catalogue of forbidden
books which appears to be the first of the English prohibitions and,
if to be classed as an Index, would rank with the earliest of Europe.
The catalogue contains but eighteen titles, comprising certain of the
productions of Luther, Zwingli, and Brenz, the _In Oseam_ of Huss, and
four anonymous works. The editions referred to had been imported.[48]
_1529._ _Henry VIII_ authorises the publication of catalogue number
two, containing 85 works “imported by the adherents of heretical
sects.” The 85 titles include 22 by Luther, 2 by Wyclif, 11 by Zwingli,
9 by Oecolampadius, etc.
_1530._ _King Henry_ forbids the reading of the Scriptures in the
vernacular. In the proclamation, the King takes the ground that there
is no necessity for the reading of the Bible by the common people.
They can secure more safely from their religious instructors all the
Scripture teaching that is profitable. When the peril of the spread
of heretical opinions has passed, it will be in order to permit
translations of the Bible. For the present, however, all copies of the
versions in English, French, German, or Dutch are to be delivered to
the bishop.[49]
_1530._ _Henry VIII_, in a proclamation, forbids the printing,
importation, sale, or possession of books, whether printed or written,
which contain doctrines antagonistic to the Catholic faith, or to the
authority of the king, or to the laws of the land. The magistrates are
instructed to take all measures necessary to root out the heresies.
The proclamation enumerates further certain serious heresies in the
writings of English authors. The first of these, taken from _The Book
of the Wicked Mammon_, is: “Faith oonley doth justifie us.”[50] In a
second royal proclamation of the same year, special prohibition is
made of books printed abroad, all existing copies of which are to be
delivered at once to the bishops.[51]
_1531._ _A royal proclamation_ (_of Henry_), read at St. Paul’s Cross,
specifies thirty English works the selling and reading of which is
forbidden.
_1534._ _The convocation of Canterbury_ petitions the King to authorise
the preparation, by well qualified persons, of an English version
of the Bible, and to permit the use of the same by the people. The
King took no action in the matter, but after 1535, several more or
less complete translations came into publication, and in 1536, the
Vicar General, Cromwell, ordered that in each parish church should be
placed, securely fastened by a chain, a copy of the Coverdale Bible,
in the large form, so that the faithful might become familiar with the
text.[52]
_1536._ _King Henry_ (who had been excommunicated in 1535) revokes the
prohibition on the use of the Scriptures.[53]
_1538._ _King Henry_, in a proclamation, orders that the selling of
books shall be done only under royal permit or privilege. No books
shall be printed or imported without being examined and approved by
examiners appointed by the Crown. Every printed book must bear the
name of the printer and also that of the author, translator, or editor.
No English version of the Bible shall be printed without a permit from
the King or from the Privy Council. The penalties are imprisonment and
confiscation of property.[54]
_1539._ _King Henry_ makes special prohibition, under heavy penalties,
of the writings of the Sacramentarians and Anabaptists.
_1543._ _King Henry_ again orders that the Scriptures in the vernacular
be permitted only for the higher classes.
During Henry’s reign, were published nine catalogues of books
prohibited under the authority of the Crown. These lists have the
character of Indexes, but the titles are not arranged alphabetically.
The first edition of Fox’s _Acts and Monuments_, issued in 1539,
contains a “list of Condemned Books,” subjoined to certain
“Injunctions.” This list is omitted from the subsequent editions and is
not included by Wilkins, who reprints the “Injunctions.” The preamble
to the list reads as follows:
“Hereafter folow the names of certen bokes, whiche, either after
this injunction, or some other in the said Kinges daies, were
prohibyted, the names of whiche bokes folowe in order expressed:
Miles Coverdale, the whole Bible; George Joy; Theodore Baselle,
alias Thomas Beacon; William Tindall; John Frith; Mels
Coverdalle (bis); William Turner, translated by Fysh; Robert
Barnes; Richard Tracy; John Bale, alias Haryson; John Goughe;
Rederick Mors; Henry Stalbridg, otherwyse Bale; George Joy
(bis); Urb. Regius; Apologia Melanchthonis; Romerani; Sawtrey;
Luther, translated by Tindall.”[55]
_1546._ _Henry VIII_ (in the last year of his reign) issues a royal
“Proclamation for abolishing of certain English books.” The list
repeats nearly the same names, and is followed by an instrument of the
bishops, specifying at length the heresies to be condemned.
_1547._ _Edward VI_ orders the publication of a list of homilies and
books of worship, the use of which is made compulsory for church
service. Every priest is instructed to make diligent study of the New
Testament, both in Latin and in English, and to compare with this the
Paraphrases of Erasmus. Bishop Gardiner remonstrated, pointing out that
the homilies and the Paraphrases contradicted each other.[56]
_1549._ _King Edward_ orders the exclusive use of the official
Communion Book, and the bishops are instructed to cancel, in such
manner that they cannot again come into use, the liturgies of Sarum,
Lincoln, and York.[57] During Edward’s reign, no royal action was taken
in regard to censorship.
_1555._ _Philip and Mary._ In this year was issued a “proclamation by
the King and Queen” “for the restraining of all Books and Writings,
tending against the Doctrine of the Pope and his Church.” The
proclamation grounds itself upon a statute of the second year of Henry
IV, and condemns, usually simply with the name of the author, a number
of reformers, both foreign and English. Among the English works is
included the Chronicle of Hall. The “Proclamation” bears the imprint of
John Cawood.
_1556._ _The papal Legate, Cardinal Pole_, publishes a
“Reformation-Decree” in which are included the regulations of the
_Bulla Coenae_. It is further ordered that the bishops should
arrange for the examination of the booksellers’ shops, and for the
confiscation and destruction of all heretical writings.[58]
_1557._ _An edict of the convocation of the province of Canterbury_
repeats and confirms the royal condemnation. In 1558 (the last year of
the reign of Mary), is issued a further proclamation worded as follows:
“BY THE KING AND QUEEN.
Whereas divers Books, filled with Heresie, Sedition, and
Treason, have of late, and be dayly brought into this Realm out
of foreign Countries and places beyond the seas, and some also
covertly printed within this Realm, and cast abroad in sundry
parts thereof, whereby not only God is dishonoured, but also an
encouragement given to disoby lawfull Princes and Governors;
the King and Queen’s Majesties, for redress hereof, do, by this
present Proclamation, declare and publish to all their subjects,
that whosoever shall, after the proclaiming hereof, be found
to have any of the said wicked and seditious Books, or finding
them, do not forthwith burn the same without shewing or reading
the same to any other person, shall in that case be reputed and
taken for a Rebel, and shall without delay be executed for that
offence, according to the order of martial law.
“Given at our Manor of Saint James the sixth day of June. John
Cawood, Printer.”
_1558._ _Queen Mary_, in a proclamation issued in this (the last)
year of her reign, orders put into force the provisions of the _Bulla
Coenae_ and of the Fifth Lateran Council, and declares that all persons
shall be treated as rebels and punished under the penalties of martial
law who distribute or possess copies of godless or heretical books,
such as have been wrongfully brought in from foreign lands. With the
death of the Queen, later in the same year, these orders were revoked
by Elizabeth.
The author whose name appears most frequently in these English Indexes
is William Tyndale (alias Hichins). His translation of the New
Testament was first printed in Cologne in 1525, and was reissued later
in a great number of editions.
In 1563 was issued under the title of _The Acts and Monuments of the
Church_ a book generally known as Fox’s _Book of Martyrs_. This
work exercised probably a larger influence than any book of the century
in completing the conversion of England from Romanism to Protestantism,
an influence which continued through the following centuries.
_1564._ _Queen Elizabeth_ instructs the Bishop of London to cause
thorough examinations to be made of the cargoes of incoming ships, and
to confiscate and destroy copies of slanderous and seditious books.[59]
_1586._ _Whitgift, Archbishop of Canterbury_, authorises a bookseller
named Ascanius de Renialme to import copies of certain popish books,
with the restriction that these copies are to be carefully reserved
for the use of the Archbishop himself and of the members of the Privy
Council.
It is to be noted that the censorship control in England over the
productions of the press and the importation and sale of books
was from the outset exercised under the direct authority of the
Crown. The bishops were utilised for counsel and also, through the
parish organisation of their dioceses, for the enforcement of the
censorship and of the penalties. A little later, the machinery of
the Stationers’ Company, to which was given the practical control of
the printing-press, was employed for carrying out the policy of the
Crown in the restriction of the works printed and for enforcing the
regulations against delinquents. It is probable that these censorship
regulations of the English Crown were carried out more effectively
than was found possible for the similar regulations of the Church in
France, in Germany, or in Italy. In Spain alone did the Church succeed
in securing and for centuries in maintaining an absolute control over
printing, publishing, and book-distribution.
_1588._ _Queen Elizabeth_ issues a proclamation forbidding, under
severe penalties, the printing of schismatic, seditious, slanderous,
or fantastic works; existing copies of such works (the determination
of their character appears to have been left to the bishops) must
be delivered to the bishops for destruction.[60] Among the titles
specified of seditious books thus to be destroyed is that of a pamphlet
entitled _The Gaping Gulf_, which had to do with the scheme for the
marriage of the Queen with the Duke of Anjou.
=3. Regulations in the Netherlands for the Supervision of Books,
1521–1550.=--Between the years 1521 and 1550, a series of ordinances
for the regulation of the printing-press which were issued under the
instructions of Charles V, were published in the form of placards
throughout the Provinces. The regulations became each year more severe.
These ordinances were confirmed and strengthened by Philip II.
_1522._ _Charles V_ gives a special permit to Franz van der Hulst to
possess and to read books by Luther and by other heretics, for the
purpose of refuting their heresies. The regulations and orders above
specified are, it may be noted, issued under the sole authority of
the Emperor. There is no reference to the _Bulla Coenae_ or to any
other papal utterances. The prohibitions concerning literature issued
by the theological faculty of Louvain are based upon the authority and
instructions not of the pope, but of the Emperor. With the introduction
into the Netherlands of the Inquisition, however, the pope begins to
take part in the supervision of literature.
_1522._ _Charles V_ appoints Van der Hulst as Inquisitor. He is
confirmed by Adrian VI with the proviso that, as Van der Hulst is a
layman, he must have two ecclesiastics as assessors. The succeeding
inquisitors, who were all ecclesiastics, were in like manner appointed
by the emperor or by the stadtholder and confirmed by the pope. Several
of the edicts of Charles contain prohibitions of special books.
_1524._ An ordinance orders the delivery, for destruction, of copies of
heretical books, under penalty of confiscation of goods and corporal
punishment. In 1526, was added the penalty of banishment, and in 1529,
that of death.
The reports of the time speak of frequent bonfires of masses of
confiscated books. In 1526, it was ordered that no book should be
printed or imported without a permit from the imperial commissioner.
The penalty for delinquents was banishment and confiscation of one
third of their property.[61]
_1524,--March._ _An imperial edict_ states that, notwithstanding
the previous edicts forbidding the sale of heretical books, certain
printers are again bringing before the public reprints of these with
the excuse that they do not bear the name of Luther but are issued
under such titles as _Evangelium_ or _Summa Theologiae_. Specially
forbidden are an edition of the _Gospel of St. Matthew_ with notes
by Johann Pelt, and a treatise by the same author called _The Sum of
Godliness_.
_1526._ _An imperial edict_ orders to be confiscated and burned all
copies of writings of Luther, Pomeranus, Carolostadius, Melanchthon,
Oecolampadius, Lambertus, and Jonas, and of versions in the vernacular
of the Gospels and Epistles and all books which support the Lutheran
doctrine.
_1529._ It was ordered that, while all books required a permit from the
Crown, those dealing with matters of faith must also be approved by the
bishop. Whoever prints an heretical book is to be exposed on a scaffold
and then branded by a hot iron with the mark of the cross, or he is to
lose either an eye or a hand.[62]
_1529._ _An imperial edict_ prohibits the printing, distribution,
possession, etc., of the writings of Luther, Wyclif, Huss, Marsilius,
Oecolampadius, Zwingli, Melanchthon, Lambert, Pomeranus, Brunfels,
Jonas, and all other “sectarians”; also the Testaments as printed by de
Berghes, von Redmonde, Zell, and others, which had been condemned as
heretical by the faculty of Louvain, all books printed during the past
ten years which did not bear the name of author and name and address of
the printer, and finally all pictures tending to bring dishonour upon
the Virgin or the Saints.
_1540._ _An imperial edict_ prohibits a much longer series of books,
the list including, in addition to the Lutheran writers, histories of
Germany, and editions of certain books of Aristotle, and a number of
issues of the Scriptures. The lists in these earlier prohibitions were
evidently utilised later in the Indexes of Louvain, as some of the
misprints of names are repeated.
Reusch mentions that the city of Antwerp secured as a privilege from
the emperor an order forbidding the arrest within its walls of any
printer or bookseller. In cases in which the regulations had been
disobeyed, the delinquents were safe from arrest unless they could be
enticed outside the city.[63]
_1546._ It is ordered that the record of the permit must be printed in
each copy of the book, and before copies can be offered for sale the
printed text must be compared with that of the manuscript as approved.
_1550._ It is ordered that if a book has been printed without a permit,
but is found on examination to contain nothing pernicious, the printer
is simply condemned to banishment for life, first making payment of a
fine of 300 _caroli_. The possession or the reading of heretical books
was in itself sufficient evidence of heresy. A person found guilty of
heresy was permitted, for a first offence, to purge himself of his
sin by recantation. If the delinquent persisted in his heresy, the
penalty, under the edicts of 1529 and 1531, was for men, beheading, for
women, burial alive. Heretics who had recanted and later relapsed were
burned.[64]
=4. Regulations in France, 1521–1551, concerning the Production and
the Use of Books.=--It was the case in France as in England that the
control of the supervision of the printing-presses and of the business
of book-distribution rested from the outset with the Crown; and that
as far as regulations were framed by the theological faculty of the
Sorbonne or by the bishops, this was done under the authority and
instructions of the king. In France, however, another division of the
temporal power, namely, the Parliament of Paris, undertakes from time
to time the publication of regulations for the control of the press,
or for the prohibition of books already in print; but by the close of
the 16th century this independent action on the part of the Parliament
comes to an end; Thereafter the orders concerning books are based on
the sole authority of the king, and are, as a rule, issued by the royal
chamberlain.
_1521._ _Francis I_ issues an edict, framed at the instance of the
University of Paris, prohibiting the printing of any new works, either
in Latin or in French, having to do with matters of faith or with the
Scriptures, until the texts had been examined and approved by the
theological faculty.[65]
_1528._ _A Provincial Council, held at Sens_, acting under the
instructions of the King (Francis I), issues a decree forbidding the
possession of copies of the writings of Luther and his followers. There
is also a prohibition of the reading or the circulation of any works on
religious subjects which do not bear record of a permit from the bishop.
_1528._ _A Provincial Council at Bourges_ issues a decree which is in
its wording precisely identical with the above. It is probable that
they were both prepared in Paris.
_1530._ _The King gives_ orders for the appointment of certain
inquisitors of literature. The first group comprises two magistrates
selected from the Parliament of Paris, and two divines selected by the
College of the Sorbonne. This commission bears, in addition to the
authority of the Crown and the instructions of the Parliament (which
is, it must be borne in mind, a high court of justice), an instruction
from the Archbishop of Paris to take measures for the repression of
heretical literature. The lists of the prohibited and of the permitted
or privileged books were published under the authority of the officials
of the Parliament by the guild of printer-publishers. The scholarship
of the divines of the Sorbonne was called upon by the Parliament for
the determination of questions of heresy in doctrinal and religious
works, a course which had the natural result of bringing upon the
college an increasing measure of influence in the shaping of the
Indexes and in the control of book-production.
_1542._ _The Parliament of Paris_ issues an order prohibiting the
printing of any book without the approval of the rector of the
university and the deans, and directing the rector to appoint two
members of each faculty to conduct the examination of the books
submitted. It was added later that, for Bibles and works of religion,
the signatures of not less than four doctors of divinity were to be
required. In the same year, it was ordered that all bales of books
arriving in Paris must be opened in the presence of four of the
certified book-dealers (_libraires jurés_) and examined by the divines
appointed by the rector. The examiners were to supply to the royal
procurator a list of the books the sale of which was authorised. The
selling of any books the titles of which were not included in the list,
was forbidden under severe penalties.[66]
_1542._ _The Parliament of Paris_ issues an order to the Sorbonne to
prepare a catalogue of prohibited books. No copies of this catalogue
have been preserved, but the Paris collection contains a copy of the
supplement issued in March, 1543. This presents sixty-five titles, put
together without any order, chiefly of works by well-known German and
French reformers, printed in Latin and in French, together with a few
anonymous French books. This catalogue, while the work of scholarly
compilers, is described by Reusch as full of blunders.[67]
_1544._ _The Faculty of the Sorbonne_ issues an alphabetical catalogue
of all the books which it had thus far condemned.
_1547._ This catalogue is reprinted with a supplement of forty-seven
titles, the last Index compiled under the direction of the college.
_1548._ _The Inquisitor of Toulouse, Vidal de Becanis_, places his
“privilege” on an Index the names of the compilers of which do not
appear. The introduction denounces as heretics the persons who, during
the past three years, have read, possessed, bought, sold, bound, or
printed the books specified in the following lists; and condemns to
excommunication all who, after the publication of the Index, fail
to deliver for destruction existing copies, or who protect persons
concealing copies. The catalogue contains ninety-two titles, which are
in their wording badly confused and misprinted. A few instances are
cited by Fréville:
Martini Lutheti (for Luther); Vulpici Zironga (for Zwingli). Of
twenty-one authors, the complete works are condemned, etc. For Erasmus,
the list covers seventeen titles. The prohibition covers Latin or
French Bibles or Testaments, and the possessors of such are to be
denounced.[68]
_1551._ _Henry II_, in an edict issued at Chateaubriand and duly
recorded in Parliament, prohibits the importation of any books printed
in Geneva or in any other towns which had fallen away from the Church.
No books recorded in the prohibited lists of the Sorbonne could be
printed, sold, or owned. Only those persons were permitted to possess
copies to whom had been given canonical permission for the reading of
heretical works. The printers must record their names and their work
could be carried on only in certain specified places. Bales of books
coming in from abroad must be opened in the presence of two deputies
from the theological faculty or of two magistrates. Twice a year,
these same deputies must inspect the bookshops. In Lyons, which was
a great dépôt for imported books, the shops were inspected not less
than three times a year, the inspectors including the archbishop and
the seneschal. Every bookshop must carry in evidence a copy of the
prohibitory catalogue of the Sorbonne, and corrected lists of the books
in stock. Colporteurs (_portepanniers_) were not permitted to sell
books, their printed stock being restricted to broadsides or single
sheets.
_1551._ _The Parliament of Paris_ orders the reprinting, with
additions, of the Sorbonne Index of 1544. The compilers of this appear
to have done their work without reference to that of the editors of
the Louvain Indexes. The Paris lists were utilised both in Venice
and in Rome. In the reprint of the supplementary Index of 1547, the
introduction speaks of the united efforts of the king, the Parliament,
and the faculty of the Sorbonne to protect the realm against the
pernicious assaults of heretical literature. Reference is made to
the insidious forms in which heretical teachings are presented, in
anonymous books, in volumes bearing no name of publisher or printer, or
place of imprint, in volumes bearing, falsely, the names of orthodox
Catholic writers. A book full of heretical blasphemies had, for
example, been issued under the title of _Confessio Fidei per Natalem
Bedam_ (possibly meant for the Protestant Doctor Noel Beda). Another
“godless treatise” is called _Proverbia Salomonis_, etc.[69]
Among the authors whose works appear in these Paris Indexes may be
noted the following: Erasmus, Jo. Ferus, Polydorus Vergil (editions
of whom had been issued by Stephanus), Louis de Berquin, Estienne
Dolet (who was executed for heresy in 1556), Faber Stapulensis, Beda,
François Rabelais, a “Benedictine monk who finally became pastor at
Meudon.” One would hardly recognise under this catalogue description
the creator of Gargantua and Pantagruel, while it is not at all
surprising that the narrative of the doings of these two world’s heroes
should have been found deserving of a place on the Index. The book of
Pantagruel, which was first printed anonymously in 1533, was reprinted
in 1546 with the name of its author. It was placed on the Index of the
Sorbonne in 1553, and in the same year was condemned in the official
list of the Parliament. In 1554, however, at the instance of the
Cardinal de Châtillon, Henry II cancelled the prohibition. In the Roman
Index, Rabelais stands in the first class, but is recorded under the
term “Rabletius.”[70]
The various editions of the Scriptures brought into print by Robertus
Stephanus (Estienne), many of which included notes and commentaries
by the scholarly publisher, were all condemned by the Sorbonne as
heretical. As long, however, as Francis I lived, the condemnation was
not put into force. These Bibles also find place in the Louvain Index
of 1546, which was reprinted in Paris in 1548 under the instructions of
the Sorbonne. In 1548, the opponents of Stephanus were able to secure
from Henry II an order for the enforcement of their censorship of his
Bibles. The publisher thereupon migrated to Geneva, and was able in his
masterly retreat to carry with him across the frontier his fonts of
type and some portions at least of the editions of the Bibles and other
offending books which had been ordered to be delivered to the officials
of the Sorbonne for their burning.
_1557._ _Francis I_ arranges with the Pope, Paul IV, for the
appointment as Inquisitors-General of the Cardinals Lorraine, Bourbon,
and Châtillon, to whom was confided the supervision, under royal
authority, of the inspection of books.
_1559._ _The Parliament_ orders all those possessing doctor’s degrees
to report to the faculty of the college the titles of heretical or
suspicious books.
_1562._ _The Parliament_ again orders the college to compile an
Index, but the work was never completed.[71] Under royal edicts, the
prohibitions in the catalogues of the Sorbonne were made binding on all
citizens. A further evidence that the final authority in the matter of
censorship was retained by the State, is the order issued in 1546 by
Francis I that the Bibles of Robert Estienne were not to be included in
the Sorbonne Indexes. Another example is a notice which Espencé had
succeeded in having attached to the orders of 1547, directing that the
prohibition should not be enforced in the case of two books the titles
of which were already on the list of books condemned by the Sorbonne.
The Index of 1544 comprises five divisions: _a_, works in Latin, by
known authors, arranged alphabetically; _b_, anonymous works in Latin;
_c_, works in French by known authors; _d_, anonymous works in French;
_e_, French versions of the Scriptures. The lists include no writers
of whom all the works are condemned (Class I of the Roman Indexes).
Among the better known names may be mentioned: Erasmus, Faber, Ferus,
Peter Martyr, Wyclif, Huss, Corvinus, Osiander, etc. An introduction to
the fifth part emphasises the peril of placing in the hands of simple
and unscholarly readers versions in the vernacular of the Scriptures,
and refers to the evil results produced with such heretics as the
Waldenses, the Albigenses, and the like.
In 1562, there is record of the seizure at some French port by M. de
Bourbon of a collection of wine casks packed with books which had
been sent from Germany, and which Bourbon found to be of the “most
distressing character.” These books the lieutenant consigned to the
flames, having apparently taken the responsibility of himself acting as
censor.[72]
_1577._ _Henry III_ issues an edict modifying, in behalf of the
Protestants, the regulations of the edict of Chateaubriand. No books
are to be sold without the permit of the local magistrates, or as far
as concerns the works of the adherents of the so-called reformed
religion, without the approval of special commissioners to be appointed
by Parliament.
=5. Regulations in Spain, 1521–1551, concerning the Production and
the Use of Books.=
_1521. March 20._ _Leo X_, in a brief addressed to the High Constable,
the Admiral of Castile, and Cardinal Adrian (who constituted at the
time the government of Spain), orders that measures may be taken to
prevent the importation into the country of the pernicious writings of
Luther and his followers. The cardinal issues an order in the same year
for the confiscation and destruction of all such works.
_1522._ _Cardinal Adrian_ issues a second order, calling for the
delivery for destruction of all books by the Reformers of Germany,
under severe penalties for persons withholding or concealing copies.
Before the close of the same year, Adrian becomes pope.
_1530._ _Manrique, Archbishop of Seville_, and Inquisitor General,
confirms the ordinance of 1521, with some sharpening of the penalties
for non-obedience. He cautions the faithful that certain Lutheran books
are being circulated under false titles and that pernicious Lutheran
notes have been printed in editions of works by good Catholics.
The inquisitors are ordered to search libraries and bookshops. The
authority to give permits for the printing of books is placed in the
hands of the higher Council of the Inquisition.
_1531._ _The Inquisitor General_ authorises the inquisitors to
excommunicate persons who disregard the regulations, who possess or
read copies of such books, or who fail to denounce others.
_1541._ _The Inquisitor General_ prohibits the inquisitors from
granting permission for the possession or reading of forbidden books.
Even the Counsellors of the Inquisition (under whose advice the lists
of heretical books were prepared) are forbidden to read the same.[73]
_1543._ _Charles V_ issues an edict for the control of books, etc.,
in his American possessions. The printing, the importation, and the
reading of novels and romances is forbidden.
_1550._ _The Bull of Julius III_, recalling all outstanding permissions
for the reading of forbidden books, is published as authoritative for
Spain.
_1550._ _Charles V_ orders that the book-dealers in Seville must make
registry before a royal official of the titles of all books planned for
export to the colonies and must take oath that the schedules contain
nothing prohibited.
_1556._ _Philip II_ forbids the printing of any works about America
until a permit has been secured from the Indian Council.[74]
6. Regulations in Germany concerning Books, 1521–1555.
_1521, May 8._ _An edict of the Emperor_ (_Charles V_) forbids the
printing, selling, buying, owning, copying, or reading any of the
writings, already condemned by the pope, of “that stubborn heretic
Martin Luther,” and any further works that said Luther may produce. The
prohibition is made to cover also all other books, tracts, and pictures
which are antagonistic to the Faith of the Church and to good morality,
and all writings which are designed to bring into disrepute the pope,
or the other dignitaries of the Church, or princes, universities,
members of faculties, or other persons of repute. The penalties are
those previously ordered by the Church, the ban and the interdict.[75]
It is further ordered that thereafter no one shall print or sell books
having to do with the Bible, or with matters of faith, without a
specific permit from the bishop or from the theological faculty of the
proper university. The responsibility for the framing of this imperial
ordinance rested with Aleander[76]. This Edict of Worms secured
acceptance and enforcement only in certain portions of Germany.
_1523._ _The Imperial Diet of Nuremberg_, in place of making full
confirmation of the Edict of Worms, simply orders that no new writings
shall be printed or sold until they have been tested and approved by
trustworthy men. The printing and selling of libellous books (_libelli
famosi_) is forbidden under heavy penalties.[77]
_1530._ _The Diet of Augsburg_ receives, through Campeggio, a
brief from Pope Leo ordering strong measures to be taken for the
enforcement of the Bull and of the provisions of the Decree of Worms
against Lutheran writings. The Pope calls for imperial regulations to
secure the destruction of all copies of such books together with the
punishment of all persons concealing copies, and the rewarding of those
who give information of concealed heretical books. The Diet declines
however to do more than to renew the regulations for the examination of
books to be printed and the licensing of those that can be approved.[78]
_1549–1550._ _A Provincial Synod held at Cologne_ under the
instructions of the Archbishop, Adolphus von Schauenburg, issues an
edict for the protection more particularly of “simple and unlearned
pastors who are not competent to distinguish pernicious literature
from sound teaching,” forbidding all the faithful under penalty
of the Anathema, from reading the works of Luther, Bucer, Calvin,
Œcolampadius, Bullinger, Lambert, Melanchthon, Corvinus, Sarcerius,
Brentius, and some dozen other heretical writers. The edict promises
the publication shortly of a comprehensive catalogue of heretical and
pernicious literature, but such catalogue was never prepared. This
preliminary list may be classed as the first German Index of prohibited
books, the next in order of date being that published in 1582, in
Munich.
_1555._ _The Augsburger Pact_ provides that the penalties specified in
the papal regulations concerning books, etc., are to be enforced only
in the territories classed as Catholic.
_1570._ _The Diet of Speyer_ orders that printing offices are to be
licensed only in imperial cities, court cities, and university towns
and each printer must be duly placed under oath (_vereidet_) to uphold
the imperial regulations.[79] The Imperial Police Regulations repeat
the instructions of the Diet of Augsburg, with the modification that
nothing was to be printed contrary to the Christian religion or to the
Religious Pact of Augsburg.